Appeal No. 93-4005
Application 07/795,158
Moreover, other prior art manifestly reveals that time is
a result oriented variable. See, e.g., Reyes and the
discussion in our Findings 37-39.
In addition to relying on considerable prior art not of
record when the appeal reached the board, we have also relied
on new rationale. Accordingly, this rejection is designated
as a new ground of rejection under 37 CFR § 1.196(b).
C. Additional prior art
During the course of our deliberations, we became aware
of two additional publications. We call those publications to
the examiner and applicant:
(1) Ozbas et al., "Comparative study of riboflavin
production from two microorganisms: Eremothecium ashbyii and
Ashbya gossypii," 8 Enzyme Microb. Technol. 593 (1986).
(2) Tanaka et al., "Enzymatic Hydrolysis of Yeast
Cell Walls," "Susceptibilities of Isolated Cell Walls and
Ascus Walls of Various Yeasts to the Actions of Bacterial
Endo-$-glucanases," Symposium on Yeast Protoplasts (1967).
D. Decision
The decision of the examiner rejecting claims 3, 4 and 6
is reversed.
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